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Rights and the OSCE/ODIHR and the Commission of the European Union in organizing
gatherings around the world to promote and assist in the implementation of the OPCAT.
37. In response to requests from some NPMs for assistance, the SPT is in the process of
exploring ways to develop a pilot programme for assistance to NPMs, based on a combination of
workshops and observation of NPM visits in action, with subsequent feedback and exchange of
views. The workshop model arose from a meeting with a representative of the Estonian NPM
during the fifth SPT plenary session. It is being piloted in 2009, as part of a programme
supported by the Council of Europe and organized by the Association for the Prevention of
Torture (APT). The SPT is pursuing such avenues of support in order to fulfil its mandate under
the OPCAT in the context of a continuing absence of any United Nations budgetary provision for
this part of the SPT’s work (see section VI below).
38. In the course of the visits during the reporting period, SPT delegations met with
representatives of the bodies designated to act as NPMs in some of the countries visited. In
Benin, the draft legislation on the NPM was examined and welcomed; the NPM was not yet in
existence and the SPT awaits progress in this regard. In Mexico, the NPM was the subject of a
series of discussions, including issues such as the legislation regarding the mandate and scope of
the work programme in the context of the complex federal system and resources. In Paraguay,
the SPT noted with appreciation that the process of development of the draft law establishing the
NPM had been characterized by openness, transparency and inclusivity. Furthermore, the content
of the draft law meets the minimum requirements of the OPCAT, including as to the functional
independence of the NPM. The SPT is concerned that the draft law has for months been under
consideration by the Senate’s commission on legislation and trusts that the impetus for the
adoption of the law will be renewed in the weeks following the SPT’s visit.
39. Members of the SPT were also involved in a number of meetings20 at the national, regional
and international level, concerning the development of NPMs. The SPT members consider this
part of their mandate so crucial that they have made every effort to be involved through
self-funding and/or with generous support, including financial, from the OCG. This association
of organizations involved in work related to the implementation of the OPCAT provided the SPT
with significant help by sponsoring participation of SPT members in a range of important
gatherings of key interlocutors and by assisting the SPT in its programme of developing working
methods (see section V, below). The SPT wishes to place on record its gratitude for the
continuing vital support of the OCG, in particular in relation to the SPT’s work concerning
NPMs.
B. Questions concerning national preventive mechanisms
40. During the early phase of the operation of the OPCAT, the SPT produced preliminary
guidelines concerning the development of NPMs (published in the SPT’s first annual report).
These focused on the initial stage of the process, when States parties began to fulfil their
obligation under the OPCAT to designate, establish or maintain NPMs. Many States parties are
still at this initial stage in relation to the development of their NPMs.
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For a list of activities related to NPMs in which SPT members participated, see annex V.